General terms and conditions and terms and conditions of use

KYP terms and conditions of use

Together with the general terms and conditions (Nederland ICT Terms and Conditions)

and the privacy and security policy of KYP B.V., these terms and conditions of use apply

to the agreement between KYP B.V. and the user of KYP. The terms and conditions of

use, the general terms and conditions and the privacy and security policy determine the

conditions for access to KYP.nl and the use of KYP and the services that are offered by

KYP B.V., Chamber of Commerce number: 57413894

 

1. Introduction

A person who wants to use KYP accepts the terms and conditions of use, the

general terms and conditions and the privacy and security policy of KYP B.V.

during creation of a KYP-ID by ticking the box ‘Yes, I accept the terms and

conditions’. As such, the person has agreed to the terms and conditions of use,

the general terms and conditions and the privacy and security policy (together

‘the agreement’) of KYP B.V. stated below, which can also be found online at

www.kyp.nl.

 

From the moment that a KYP-ID is created, the agreement shall apply to free and

paying users of KYP.

 

The user declares that they are actually this person and declares that they will

comply with these terms and conditions of use, the general terms and conditions

and the privacy and security policy found on www.kyp.nl.

 

2. General

If KYP B.V. is not able to enforce a right or provision in this agreement, this does

not mean that KYP waives this right or this provision, unless KYP B.V. has

acknowledged and accepted this in writing.

In the event of an unforeseen discrepancy between the general terms and

conditions of KYP B.V. and these terms and conditions of use, the terms and

conditions of use of KYP B.V. shall apply.

 

3. Description of services

In the SaaS (software as a service) application KYP, the user finds a range of tools

for project management, including scheduling tools, communication options, ondemand

opportunities, checklists and storage space (together the services). Each

of these services can only be used by payment. For further information, see:

www.kyp.nl.

 

The services offered by KYP, including all updates, improvements, new functions

and/or the addition of any new online resources, are subject to the general terms

and conditions, the terms and conditions of use and the privacy and security

policy as stated on the website www.kyp.nl.

 

4. Definitions

‘Agreement’ these terms and conditions of use, the general terms and conditions,

the privacy and security policy and all the material on the website of KYP B.V. to

which specific reference is made in this agreement, whereby this material,

including the terms and conditions of this agreement, can be regularly updated

by KYP B.V. at its own discretion.

 

‘KYP-ID’ the details a user uses to identify themselves within KYP in order to carry

out activities in KYP.

 

‘KYP(-ID) details’ details, information, files or material that the user has provided

to KYP or that have been sent to KYP during the use of KYP.

 

‘The Services’ range of tools that are made available in KYP, either free of charge

or by payment, including scheduling tools, communication opportunities, ondemand

options, checklists and storage space.

 

‘Intellectual Property Rights’ non-patented inventions, patent applications,

patents, design rights, copyrights, trademarks, service marks, trade names,

domain name rights, mask work rights, know-how and other rights in trade

secrets, and all other intellectual property rights deriving from this and types of

protection of a similar nature anywhere in the world;

‘User’ a person who has created a KYP-ID.

‘Paying user’ a user who manages an active project in KYP, the Project Manager

(PM).

 

‘Free user’ a user in a project with the role of Supplier (S), Performer (P), Client (C),

Client Manager (CM), Supervisor (SU), Project Management Office (PMO), a

Project Manager (PM) who manages an inactive project or a user with a voucher.

‘Period of use of active project’ the period during which a project is active (by

payment) and in which all services of KYP are available for the project manager

and the involved party selected or permitted by them.

 

‘Active project’ a project in which all services of KYP, including real-time

communication about the progress with the free users and the on-demand

opportunities are available for the project manager.

 

‘Inactive project’ a project in which several services of KYP are not available, such

as communication opportunities and on-demand options.

 

‘KYP’ the specific version of the SaaS application that is accessible via www.kyp.nl

and www.kyp.it, which is developed, managed and maintained by KYP B.V.

 

5. Privacy and security policy

The current privacy and security policy can be found at www.kyp.nl.

 

6. The use of KYP: granting and restrictions

A KYP-ID is specific to the individual by means of an email address and cannot be

shared.

 

Competitors must not use KYP for competition purposes.

A user of KYP must not send or store any viruses or offensive, indecent or

unlawful material via KYP.

 

KYP B.V. can, at its own discretion, terminate your password, account or use of

KYP if the user violates this agreement or fails to comply with it in any other way.

The user agrees to this and accepts that KYP B.V. is not obliged to store the KYPID

details and that KYP B.V. can remove these details if the user has committed a

serious violation of this agreement, and the user has not rectified this violation

within 15 days of being informed of this.

 

KYP B.V. can impose a fine to the value of 5000 euros (in words: five thousand

euros) in the event of violation of the above terms and conditions.

 

7. Responsibilities of the User

Users themselves are responsible for all activities that take place within their KYPID.

Users must act lawfully in relation to the use of KYP.

Users must inform KYP B.V. immediately in the event of a suspected infringement

of the security, unauthorised use of a password or KYP-ID or in the event of

suspicion that the content has been copied.

 

A user must not present themselves as another user.

KYP B.V. can impose a fine to the value of 5000 euros (in words: five thousand

euros) in the event of violation of the above terms and conditions.

 

8. KYP-ID and KYP-ID details

KYP B.V. is not the owner of details, information or material that has been sent to

KYP.

 

A user can see the KYP (ID) details for a minimum of 30 days after a project

has been ‘Finished’.

 

KYP is entitled to remove KYP-(ID) details due to a violation or non-payment,

without providing notification.

 

KYP is entitled to use details specified in KYP for the performance of its service

provision and to further optimise its website and service provision, without

providing notification.

 

KYP shall have the exclusive right to, among other things, but not limited to,

provide additional information about the user, such as:

recommendations/comments from the user and other reviews/scores from the

user and/or third parties about the user (such as client satisfaction,

creditworthiness, willingness to make calculations, certificates). This applies

equally and in full to (derived) statistical information about the user.

 

9. Fees: costs and payment

Participating in a project (not being the project manager) or managing an inactive

project is free of charge.

 

A user who wants to activate a project in KYP must pay the costs of this in

advance via the payment system of KYP B.V. or by paying an invoice.

The costs for activating a project are linked to the duration of the project

(number of days) multiplied by an amount per day (monthly amount divided by

the average number of calendar days per month). This amount per day/month is

determined periodically by KYP. An adjustment to this amount per month will

only be applicable to projects that are activated after this adjustment has been

made.

 

Payments to KYP B.V. cannot be reimbursed.

The user must provide KYP B.V. with valid and approved payment details if the

user wants to activate a schedule.

The pricing conditions are confidential and the user agrees to not reveal these to

third parties.

Term of payment: 30 days.

 

10. Data storage and Fair Use Policy

The user is given free disk space to a maximum of 500 MB.

In the event of excessive use of the data storage, the user must reduce data

storage or will be charged a fee. Information about the costs of the use of more

disk space shall be determined periodically by KYP B.V.

KYP B.V. is entitled to amend limits in connection with the storage of KYP-(ID)

details.

 

11. Payment and extension

Costs for activating a project are charged and collected by KYP B.V in advance.

If an active project exceeds the period of use, the user shall receive a notification

before the period of use expires stating that the user will have to pay the costs

for an extension or else the project will be temporarily deactivated. If the user

does not receive a notification, the project will not be deactivated.

It is possible to extend the period of use during an active project.

Costs for the extension of the period of use of an active project shall be the same

as the applicable fee for activating a project at that time.

 

12. Non-payment and suspension

In the event of non-payment, KYP B.V. shall maintain the right to deny access to

the KYP-ID. During the suspension period, the user shall still owe the costs for the

period of use of the active project.

KYP B.V. must be able to debit unpaid costs from a credit card or otherwise

invoice them from the user, including any interest owed.

The user agrees that KYP B.V. is not obliged to maintain KYP-(ID) details and can

permanently delete these details if a KYP-ID has an outstanding balance for more

than 15 days.

 

13. Duration of the Agreement

This agreement shall be effective as soon as a user has created a KYP-ID and shall

remain in force for as long as a user has a KYP-ID.

 

14. Period of use of active project: Extension & Termination

The period of use of an active project cannot be terminated; this expires on its

own accord.

 

It is possible to extend the period of use of an active project by pressing the

button ‘Extend period of use’.

 

KYP B.V. can terminate this agreement by informing the user via KYP, email or

writing a minimum of two weeks before the expiry of a period of use of an active

project.

 

15. Declarations and guarantees

Both parties declare and guarantee that they have the legal competence and

authority to enter into this agreement.

 

KYP B.V. declares and guarantees that KYP is supplied in accordance with

generally applicable standards that are reasonably applicable to the supply of

KYP and that KYP largely works if used normally and in normal circumstances.

The user declares and guarantees that the user has not registered with a false

identity and has not provided any incorrect details to obtain access to KYP and

that the payment details they have provided are correct.

 

16. Mutual compensation

KYP B.V., the office, the members of management, the employees, the lawyers

and the representatives shall not be liable for any claim, costs, damages, loss,

liabilities and expenses (including the costs of legal assistance) as a result of or in

connection with a claim of a user.

 

17. Internet delays

Services such as KYP can be subject to limitations, delays and other problems

that are specific to the use of the internet and electronic communication.

KYP B.V. shall not be responsible for delays, faults upon delivery or other damage

as a result of these problems.

 

18. Notification

KYP B.V. can send notifications by email to the email address of a user of KYP or

by sending a letter by post to the address that is stored in the KYP-ID. KYP B.V.

assumes that such a notification has been received after 48 hours (if sent by post)

or 12 hours (if sent by email). A user of KYP can send a notification to KYP B.V. at

any time by sending an email to info@kyp.nl or by sending a letter by post to KYP

B.V. at the following address: Gooweg 51, 2203 AA, Noordwijk, the Netherlands.

 

19. Amendment of terms and conditions

KYP B.V. maintains the right to amend the terms and conditions of this

agreement or the privacy and/or security policy in connection with KYP B.V. at any

time. The amended version of the agreement shall enter into force as soon as it

has been published on www.kyp.nl. The user is responsible for regularly

consulting this agreement. If the user continues to use KYP after such

amendments, this means that the user agrees to these amendments. 

 

If you have any questions about the agreement or would like any additional information, you

can send an email to info@kyp.nl or contact us by phone on (+31(0)20-449 11 17).